Orange Country Register Retracts Portion of AdvoCare Article; Jessica Hardy on Early Show -- July 30, 2008

Updated afternoon of July 30.

SANTA ANA, California, July 25. THE Orange County Register posted an in-depth article today on Jessica Hardy's links to AdvoCare, which is a supplement company that has also been linked to several other U.S. Olympians and has been banned for use by the NCAA. AdvoCare has since contacted Swimming World to run a response release that is located at the bottom of this article.

As everyone probably already knows by now, Hardy tested positive for clenbuterol during the U.S. Olympic Trials and is in the middle of an appeals process.

According to the article:

Hardy has promoted her use of AdvoCare products on both her personal website and company websites. On one AdvoCare site Hardy said she used 12 of the company's products with names like "Muscle Gain," "Muscle Strength," "Catalyst," "Amplify A.T." and "02 Gold."

"With AdvoCare, I have definitely noticed improved stamina and increased energy," Hardy said in an on-line AdvoCare advertisement. "I feel that AdvoCare products have helped make me an all-around better athlete."

Hardy's personal website with links to AdvoCare products was taken down Thursday afternoon.

Additionally, Scott M. Reid and Dan Albano reported the following information regarding AdvoCare and the NCAA:

The NCAA has banned schools from distributing some AdvoCare products because of health and performance enhancement concerns. The NCAA said an AdvoCare product has been linked to positive drug tests by college athletes for the stimulant synephrine. At least 14 product liability lawsuits have been filed against AdvoCare in U.S. District Court since 2002.

This portion of the story resulted in a correction by the paper here.

AdvoCare does not make nutritional supplements that contain substances banned by the National Collegiate Athletic Association. A diet supplement made by the company once contained a source of synephrine, a substance banned by the NCAA, but the product was reformulated two years ago and no longer contains that substance, according to the company.

Click here for the original, in-depth article from the Orange County Register.

In other news about Hardy's positive samples today, she spoke with CBS' The Early Show this morning.

"I have no idea how it happened," Hardy told The Early Show. "In my heart I know I'm 100 percent clean. I know that I am innocent. We just have to prove it."

Full text of CBS News article.

AdvoCare Response Release
AdvoCare products safe and free from all banned substances

July 25, 2008 - - Contrary to any false and misleading reports, AdvoCare products contain no ingredients banned by the United States Anti-Doping Agency (USADA) or the World Anti-Doping Agency (WADA) which monitor Olympic and amateur sports, or by the NCAA, NFL, MLB, NBA, NHL, MLS, or NASCAR. AdvoCare is aware of recent information about AdvoCare and some of the company's athletic endorsers in regard to our products and remains completely confident that all of our products contain only approved substances.

In the company's 15-year history, AdvoCare products have never tested positive for banned substances of any kind with any of our athletic endorsers.

AdvoCare strongly adheres to the highest principles of quality and integrity with respect to its products. Every ingredient in each AdvoCare product is listed on the product label. No ingredients are included which are not contained on the label. In addition the manufacture of AdvoCare products occurs in facilities authorized to produce foods and dietary supplements. Process and Quality Control programs are integral elements of the Quality Assurance programs for each manufacturer. All manufacturers operate in compliance with FDA Good Manufacturing Practices as enforced by the USFDA. Extensive analytical procedures are employed by both the manufacturers as well as third party laboratories to ensure the integrity and identity of each product.

Premium Members - Search More About: Jessica Hardy

Reaction Time Comments

July 25, 2008 Some have said, if it walks like a duck and quacks like a duck.... Hypocrisy accusations are fun to throw around, but you didn't see most of us decrying Ian Thorpe's positive test last year as an example of what a cheater he was. It's so easy to blame, but much harder to actually use your brain and think about the issue.

Jessica had an illegal performance enhancing drug in her system for her 100 Free swim. She didn't for the others. If clenbuterol isn't in her system, it isn't providing a benefit. This isn't anabolic steroids for increasing muscle gain - it's about temporarily opening up lung passages.

Think, people.
Submitted by: 96Gold
July 25, 2008 Two things... 1. Does anybody know how much Jessica actually used the Advocare products? If she was paid to endorse things, she may have tried each product once (if at all) and put her name on an endorsement of them, and that may be why she has so many listed.

2. Does anybody know if she was using any kind of Advocare supplement during Trials? (The possible source of the mysterious middle drug test being positive?)
Submitted by: Ako
July 25, 2008 If her supplements are in fact tainted, I would be really surprised. She should know better, being a teammate of Kicker Vencill and all.
Submitted by: mjb
July 25, 2008 For DistFreak as per last article:

Yes, you could measure your intake of clenbuterol to the tests.

BUT THE TESTS ARE RANDOM. She did not know which days she'd be tested. So it's pretty hard to measure hours needed to dissipate when you could be tested in the next 12 hours or the next 96 hours.

Unless you're suggesting the Jessica paid off the WADA officials to let her know which days she'd be RANDOMLY tested, there's no way she could tailor her intake around the tests.
Submitted by: SwimMD
July 25, 2008 This article (no idea who this media outlet is or if it's credible) says that Jessica is known to have asthma and probably has an exemption for similar drugs. Someone earlier mentioned that a similar drug could metabolize with one of her supliments to create a positive drug test for clenbuterol without her taking it. Possible?
Submitted by: Ako
July 25, 2008 Is this really a surprise? Some of us noted the involvement of this company right out of the gate. And there are a lot more swimmers than JH using their products right now. I know that some of our swimmers were sold on how this company would pride itself on "clean" products. Wonder if that is still going to be the selling point if this turns out to be their fault? Didn't know about the NCAA thing.
But the bottom line here is that we CAN make sure that what may happen to Hardy doesn't happen again. The supplement industry is doping us without our knowledge and they simply don't care. The money they are making is obscene and over rides any interest in having some sort of moral character. And the USOC and NGB's such as USA-S quite frankly can't fight them. They don't have enough money to face a lawsuit from one of these companies...that's why they refuse to discuss it most times, they are downright afraid of them. It's a multi-billion dollar industry now.
There is only one answer. It is time to start pushing for these companies to be brought under FDA jurisdiction. It is not going to be easy. The money is not on the side of sports, athletes or parents. There is a bill trying to be passed up in Canada right now which would accomplish just that (their supplement industry is un-regulated at this time also). Needless to say, it's not going well. But people are still trying.
Want to help things? Do it the old fashioned American way. Write your congressman or senator and tell them you want regulations on this industry. Refuse to buy any supplements not FDA approved. And so forth.
And let's not forget that the supplement industry has only been in full force for a little over 10 years as the monster it is now. It took longer than that for the East German women to start to see the problems in both themselves and their children. Heaven knows the possibilities to a general population that has been supplementing itself to the hilt for years and years now. We haven't had time for that coin to turn yet.
Sorry, a little long winded but hopefully not out of line.
Submitted by: rcoach
July 25, 2008 I want to clear up my last comment. I wouldn't be surprised if her supplements are tainted. I just wouldn't understand why she'd take supplements at all, given what Kicker went through. You'd think she'd know better.

Submitted by: mjb
July 25, 2008 Ako; I haven't seen anything to answer your questions yet, but her coach, Salo's, comment that he believes that she tested poz from a tainted supplement, leads me to believe that he thought or knew she was using an Advocare or similar supplement product.
Submitted by: liquidassets
July 25, 2008 Overall structure of clenbuterol vs. albuterol is differentiated only by 3 functional gruops (basically attachments to the larger structure of the molecule)

When put in the mix with God-knows-what other chemicals she had in her body it would be possible to "exchange" groups on the aromatic ring structure of either compound.

Given the structure of those two in particular, depending on how they detect chemicals in the urine, there is also room for test errors (tho slim) because the two have similar chemical signatures.

We can't get any actual confirmation that she was approved to take albuterol though. You'd need a TUE for that (clenbuterol is prohibited even with a TUE).

supplements are bad, kids, mmmkay.

Submitted by: SwimMD
July 25, 2008 Finally, some clear thought. MJB is right, Jessica SHOULD know better. Decry her for that for now, but not for being a cheater. It is a very SAD moment for so many people, but hopefully it will result in positive things, like a change in behavior of our athletes (no supplements).
Submitted by: 96Gold
July 25, 2008 I'm sure she was using some (I doubt there are many high level swimmers that don't use at least one supplement), it just seems like a lot for one person to be using 12.

I know Jessica well enough to believe there is no way she could be cheating on purpose, but not well enough to know her supplement usage.

I actually tried to post this on the other article about the timing of her injestion, but I guess it was after the comments were cut off... but one other question/comment on the idea of her "timing" her dosage to try to beat the drug test system (as others implied may have happened):

Okay, I get that it may be 'possible' with this drug, but what I don't get is the motive. WHY would somebody who just made the team in their best event risk taking THIS specific drug at an event like Trials?
Submitted by: Ako
July 25, 2008 Thoughts from Tara Kirk
Submitted by: MJB
July 25, 2008 what is interesting is that no one is talking about Phelps, Crocker, and Hansen having suppliment sponsors as well. There are even elite swimming coaches who are endorsing supplements. This is something nearly all elite swimmers are doing.
Submitted by: bob

unintentional, fluke, mistake, absent minded, premeditated, deviant agressive, ignorance etc...

Regardless of the circumstances IT IS AGAINST THE RULES.

The champions of the Doping Problems of Sport will now have even more hurdles (or starting blocks if you will) to overcome in the eyes of the international sport communites.

No one here is shouting "Barry.. Barry"... or throwing Jessica under the bus.

Regardless, it will be very difficult for the rest of the Swimming World to see anything but an attempt at bending the rules to be a better athlete.

Not the end of the world... she can recover...

Jessica... this is not the end of the world (even though you may think you can see it from there) You are still alive and healthy. You still have plenty left to show us. World records to break and Gold to achieve...

We all learn from our mistakes, no matter how big or small, no matter intentional or un.

Jessica... dont give up.. dont ever give up.

dont give up.. .dont ever give up

Submitted by: Dist Freak
July 25, 2008 I take offense to the idea that all of us take supplements. It's simply not true and some of us are vehemently opposed to the, "If it ain't banned..." attitude.

The most interesting part of that article, at least to me, is that Jessica was notified on Monday. That would be the 21st, USA Swimming's so called deadline. That would mean that they, USA Swimming, chose not to add Tara or Lara to the team. Sounds Dodgy to me.
Submitted by: Retired
July 25, 2008 Retired...

I have a feeling her attorney knew way before 7/21....

Submitted by: Dist Freak
July 25, 2008 I believe they have to get a request from the athlete to test the B-sample. If that is the case she might have found out that it came back positive on the 21st but she most have heard about the A-sample prior to that.
Submitted by: bob
July 25, 2008 As a member of the swimming community I feel we have a right to know why the Olympic Committee CHOSE not to add the 3rd place names to the team. They KNEW the test results on Monday. It seems they were trying to "sneak" her in and keep her clean for the actual games.
Submitted by:
July 25, 2008 ok trying to blame advocare is silly. do you have any idea how many positive tests there would be if it were tainted? I, along with many of my freinds (including people on the olympic team, several NCAA finalists, and NCAA champions) have been using advocare for a while and have been tested several times and have always been clean. It is a very popular product among the university of Texas and Arizona teams. The article above is most likely some journalist making up stories and facts to sell a story. I mean do you really think an american based company would go out of the country to find horse stimulants to put in one or two bottles of it's products? jessica, or some one around her, know what she was doing. it is a shame that she is trying to blame advocare because it is going to have a negative effect on a lot of innocent people. when people like me take the products in the future, we are going to be looked at like cheaters when we, nor advocare, have done anything wrong and are clean.
Submitted by: swimdude11
July 25, 2008 swimdude, all it takes is one batch to be tainted to result in a positive test. No one said every advocare product will result in a positive test. That is the inherent risk of supplements; they aren't regulated and you don't know what you're getting. Granted, we still don't have solid proof that this was a tainted supplement, but it is definitely a very possible explanation. Still, anyone who takes supplements is taking a risk of a positive test.
Submitted by: mjb
July 25, 2008 ok but if you are saying it was a batch that was tainted, all her tests would have come back positive as the products are something you take every day and come with many pills to a bottle or many packets to a package (also you take more than one pill per dosage)...even if she ran out of something after the first test and opened a new bottle of something, her last test would have still come back positive because she would have still been using pills from that unless your telling me a horse stimulant from another country found its way into an american based company where the substance is illegal and obviously not used for any of their products and onto one individual pill then i have to think it came from somewhere else
Submitted by: swimdude11
July 25, 2008 So swimdude11, is it your contention that Jessica knowingly cheated? Just wanting to clarify where you are going with this. Thanks.
Submitted by: Retired
July 25, 2008 ummmm... absolpositivlymaybe....


Submitted by: Dist Freak
July 25, 2008 I think he's saying that EVERYONE knows that they are taking a risk of "cheating" if they take these supplements. If she took the supplements, especially at the meet, then she took the risk of a doping charge. She also knows her teammates got caught theoretically from their supplements. She knew
Submitted by:
July 25, 2008 One thing that people have not discussed is the idea of deliberate third party contamination. When I travel to international competitions, the coaching staff absolutely insists on us always opening sealed drinks. If we set a drink down even for a moment, we are told to get a fresh sealed drink right away so that no third party contamination can happen. I know the idea of chemical changes from albuterol and clenbuterol have been thrown around (which looks reasonable to me) but there is also the factor of third-party contamination to consider. Whether that contamination is from Hardy's urine/blood sample or is contaminated afterwards is also an issue.
Submitted by: fastfins
July 25, 2008 all i'm saying is that the substance didn't come from advocare...whether she knowingly took the substance or not, i'm not sure..but i think either she, or some one very close to her knows..i'm not pointing a finger here but i find it odd that you all are so fast to blame a company that has never had any tainted supplements but no one is even mentioning the fact that all three swimmers that have tested positive in the states in recent memory (ous, kicker, and jessica) all swim for Salo...
Submitted by: swimdude11
July 25, 2008 Why was Advocare banned from NCAA's if they hadn't had proof of a tainted supplement? Was it because of the 16 lawsuits and the poz tests coming up in athletes who took it (didn't say how many)?? That is interesting about Salo, hadn't thought of that. All 3 were positive for different substances (and Meloulli for a prescription psychostimulant) but it does make you wonder how well he monitors and how strongly he insists that they not take supplements, as he has claimed so far.
Submitted by: liquidassets
July 25, 2008 So you're accusing Salo now too? Very bold.
Submitted by: Retired
July 25, 2008 got a point there. strange coincidence?

Submitted by:
July 25, 2008 I don't see any accusations here anywhere so far. But the association was worth bringing up for examination.
Submitted by: liquidassets
July 25, 2008 I'm not accusing Salo but I'm saying it is something to think about. As far as what the OC Register had to say about things, reread the paragraph carefully.
The NCAA has banned schools from distributing some AdvoCare products because of health and performance enhancement concerns. The NCAA said an AdvoCare product has been linked to positive drug tests by college athletes for the stimulant synephrine. At least 14 product liability lawsuits have been filed against AdvoCare in U.S. District Court since 2002.

At first glance, it looks all bad but read it carefully. "The NCAA bans schools from distributing the product" How many teams distribute supplements? Can the coaches even do this to begin with? It doesn't say athletes are prohibited from taking them. It also states that 14 lawsuits have been filed against advocare but not how many were actually proven and won...also, and I may be wrong, but The OC Register??? come on are we really going to think that a newspaper from Orange County has checked its facts and is reporting the absolute truth or are they trying to bend some things in an attempt to sell papers??
Submitted by: swimdude11
July 25, 2008 Fastfins: I have to say that I have been thinking a lot about the idea of 3rd party contamination as well... it may not be as 'conspiracy theory' as people would initially assume.
Submitted by: Ako
July 25, 2008 Specific to her? Why her and not Hoff? This level athlete knows to be careful. It is drilled into them not to take opened drinks etc. More likely she didn't expect the test after the 100.
Submitted by:
July 25, 2008 Yes specific to her. Her and Hoff swam different events. In theory someone benefits from her being out in each event she can no longer swim. If it's so drilled into them not to take opened drinks (etc.) then that means that there is a possibility that someone would want to do this to them to benefit themselves. And if there's a will, there's a way. I'm not saying that it's what happened, but it makes more sense than her taking the risk of doping AFTER she has made the team and knows there will be more tests. And Jessica wouldn't dope. She's clean. I think it could be the supplements, but I also wouldn't put it past a 3rd party.
Submitted by: Ako
July 25, 2008 AP story just posted a couple of hours ago with a lot more from Jessica herself in it.
Submitted by: Ako
July 26, 2008 I think that there could be a few possibilities about what might of happened
1. She is lying and did it deliberatly.
2. it's a "3rd party"(which I really Doubt)
3. She has taken something containing the drug and not realised, which would be irresponsible but possible.
I think if she is found not guilty the olympics start in two weeks and after appealing and everything she will end up having a poor preperation as the rest of the US team has already moved onto Singapore (I think thats where they went, sorry im not American so i don't really know) so she will disadvanged compared to all of her competitors such as Jones, White, Trickett Steffen, Campbell, Coughlin etc people who she would already of struggled to beat and if she is banned then you really have to feel sorry for the two girls that came third in the 100m Breaststroke and the 50 Freestyle also another person that could have been on the 4x100 free relay i think it was Amanda Weir, they really will not have any time to prepare and it seems will not get the opportunity to go anyway. I think that this could weaken the US womens team in the 4x100 free and medley relays also the individual events she was in as slower swimmers than those that would have qualified may end up swimming also the damage this could do to the US's image as it has been highly publicised here in Australia that an American swimmer has tested positive to a banned substance, although I believe America is a clean nation in swimming it does put a dark cloud over the team.
Submitted by: Swish111
July 26, 2008 To SwimMD:

In response to a question you had in the earlier thread that is now not accepting any new comments, you ask someone "WHO is your source that she actually tested for this Clenbuterol"? or something to that effect. It was an entry by you early on, and that has me confused now. I interpreted that article, in the very first paragraph that Ms Hardy's lawyer told one of the news agencies (Reuters or AP) that his client in fact tested positive and that it was for this Clenbuterol. I need help here. Am I misreading that first paragraph?
Submitted by: Park528
July 26, 2008 Park528....

It was me he was asking... and it was before Rueters or AP had the info on Clenbuetrol...

: )

Submitted by: Dist Freak
July 26, 2008 Thats right...sorry about that one; this info is really flying around on the web so quickly. I meant no offense. And have enjoyued the threads the past several weeks
Submitted by: Park528
July 26, 2008 Incidentally, I am a she...

I have heard, from a source close to the team, that the situation is a LOT worse than we know about and I guess we'll have to wait until more details are released to find out.

For now, I hope the team is able to prepare effectively for the meet.

Submitted by: SwimMD
July 26, 2008 SwimMD, your knowledgeable insight on these blogs has been extremely helpful. Can you say, may we expect more ve tests by another or other swimmers?
Submitted by: anon
July 26, 2008 I am sorry. SwimMD, were you telling myself or Dist Freak that you are a she?

Unless you suggest we divulge all of our stats to everyone who signs on, I am sure that an honest mistake like that will occur occasionally.
Submitted by: Park528
July 26, 2008 fever-

Ultimately, it is the USOC that approves and has jurisdiction over the team selection process, not USA Swimming.
Submitted by: Dist Freak
July 26, 2008 Hey all. I spoke directly with the person who handles Jessica Hardy's personal web site. She is someone I've come to trust, and she stated that the AdvoCare stuff had nothing to do with taking down the site.

The site had a serious surge in unexpected traffic, and there was the likelihood that the entire server could have been shut down due to it. The server also hosts a bunch of other swimmer websites. So, she made the choice to take Hardy's personal website offline to save the rest of the sites from shutting down.

There wasn't anything else behind the move.
Submitted by: Jason Marsteller
July 26, 2008 thanks for the update jason.

there was also quite a bit of ambigous info from here last 2 blogs.

things that could have been spun in a bad way.

Submitted by: Dist Freak
July 26, 2008 Thanks for the update
Submitted by: Park528
July 27, 2008 it all seems a little bit fishy to me that Dave Salo has had 3 swimmers test positive. And the fact that poor Jessica (cough cough) is going to try and say now that it was tainted supplements is baloney. You know full well that anything you put in your body is your responsibility. And at least come up with a different argument than Kicker used!
Submitted by: anonswiming
July 27, 2008 What evidence do you have that she is going to say that? Why would she? That won't get her to the Olympics because yes, that is her responsibility. If she has the supplements tested and IF that was the cause she would win a lawsuit, that is not what she wants. She wants to represent her country and has been working hard for years to get there.

Salo has a lot of top level swimmers. The 3 in question tested for different substances. Most top level swimmers take supplements and this could happen to any of them.

I find it hard to believe also that anyone would spike her food or drink as that could result in criminal conviction on top of everything else.
Submitted by: anon
July 28, 2008 WHo is the third other than Kicker ans JEssica who tested pos?
Submitted by: Park528
July 28, 2008 Ous Mellouli tested positive for a study aid about a year and a half ago.
Submitted by: Jason Marsteller
July 28, 2008 The bottom line is that they found the banned substance in her system.

How it got there is the big question.

Regardless, JH will have to pay the price unless something crazy happens.

What a soap opera!
Submitted by: WEK5000
July 30, 2008 And then there is this:

Submitted by: hhmmm
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